2014 Indiana Code TITLE 20. EDUCATION ARTICLE 29. COLLECTIVE BARGAINING FOR TEACHERS CHAPTER 6. COLLECTIVE BARGAINING
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IC 20-29-6
Chapter 6. Collective Bargaining
IC 20-29-6-1
Duty to bargain collectively and discuss
Sec. 1. School employers and school employees shall:
(1) have the obligation and the right to bargain collectively the
items set forth in section 4 of this chapter;
(2) have the right and obligation to discuss any item set forth in
section 7 of this chapter; and
(3) enter into a contract embodying any of the matters listed in
section 4 of this chapter on which they have bargained
collectively.
As added by P.L.1-2005, SEC.13. Amended by P.L.48-2011, SEC.11.
IC 20-29-6-2
Contracts
Sec. 2. (a) Any contract may not include provisions that conflict
with:
(1) any right or benefit established by federal or state law;
(2) school employee rights set forth in IC 20-29-4-1 and
IC 20-29-4-2;
(3) school employer rights set forth in IC 20-29-4-3;
(4) restructuring options available to a school employer under
federal or state statutes, regulations, or rules because of the
failure of the school corporation or a school to meet federal or
state accountability standards;
(5) a school employer's ability to contract, partner, or operate
jointly with an educational entity that provides postsecondary
credits to students of the school employer or dual credits from
the school employer and the educational entity; or
(6) section 4.5(a) of this chapter.
(b) A subject that is set forth in section 4.5(a) of this chapter may
not be included in any contract after June 30, 2011.
As added by P.L.1-2005, SEC.13. Amended by P.L.48-2011, SEC.12.
IC 20-29-6-3
Unlawful deficit financing
Sec. 3. (a) It is unlawful for a school employer to enter into any
agreement that would place the employer in a position of deficit
financing due to a reduction in the employer's actual general fund
revenue or an increase in the employer's expenditures when the
expenditures exceed the employer's current year actual general fund
revenue.
(b) A contract that provides for deficit financing is void to that
extent, and an individual teacher's contract executed under the
contract is void to that extent.
As added by P.L.1-2005, SEC.13. Amended by P.L.48-2011, SEC.13.
IC 20-29-6-4
Subjects of bargaining
Sec. 4. (a) A school employer shall bargain collectively with the
exclusive representative on the following:
(1) Salary.
(2) Wages.
(3) Salary and wage related fringe benefits, including accident,
sickness, health, dental, vision, life, disability, retirement
benefits, and paid time off as permitted to be bargained under
IC 20-28-9-11.
(b) Salary and wages include the amounts of pay increases
available to employees under the salary scale adopted under
IC 20-28-9-1.5, but do not include the teacher evaluation procedures
and criteria, or any components of the teacher evaluation plan, rubric,
or tool.
As added by P.L.1-2005, SEC.13. Amended by P.L.48-2011, SEC.14;
P.L.286-2013, SEC.91.
IC 20-29-6-4.5
Prohibited subjects of collective bargaining
Sec. 4.5. (a) For a contract entered into after June 30, 2011, a
school employer may not bargain collectively with the exclusive
representative on the following:
(1) The school calendar.
(2) Teacher dismissal procedures and criteria.
(3) Restructuring options available to a school employer under
federal or state statutes, regulations, or rules because of the
failure of the school corporation or a school to meet federal or
state accountability standards.
(4) The ability of a school employer to contract, partner, or
operate jointly with an educational entity that provides
postsecondary credits to students of the school employer or dual
credits from the school employer and the educational entity.
(5) Any subject not expressly listed in section 4 of this chapter.
(b) A subject set forth in subsection (a) that may not be bargained
collectively may not be included in an agreement entered into under
this article.
As added by P.L.48-2011, SEC.15.
IC 20-29-6-4.7
Bargaining on teacher evaluation procedures and criteria
prohibited; duration of contract
Sec. 4.7. (a) A school employer may not bargain collectively with
the exclusive representative on teacher evaluation procedures and
criteria after this section has been enacted into law.
(b) A contract entered into between a school employer and an
exclusive representative after this section has been enacted into law
may not extend past the end of a state budget biennium.
As added by P.L.48-2011, SEC.16.
IC 20-29-6-5
Grievance procedure
Sec. 5. A contract entered into under this chapter may contain a
grievance procedure.
As added by P.L.1-2005, SEC.13. Amended by P.L.48-2011, SEC.17.
IC 20-29-6-6
Limitations on obligation to bargain collectively
Sec. 6. The obligation to bargain collectively does not include the
final approval of a contract concerning any items. Agreements
reached through collective bargaining are binding as a contract only
if ratified by the governing body of the school corporation and the
exclusive representative. The obligation to bargain collectively does
not require the school employer or the exclusive representative to
agree to a proposal of the other or to make a concession to the other.
As added by P.L.1-2005, SEC.13.
IC 20-29-6-7
Subjects of discussion
Sec. 7. A school employer shall discuss with the exclusive
representative of certificated employees the following items:
(1) Curriculum development and revision.
(2) Selection of curricular materials.
(3) Teaching methods.
(4) Hiring, evaluation, promotion, demotion, transfer,
assignment, and retention of certificated employees.
(5) Student discipline.
(6) Expulsion or supervision of students.
(7) Pupil/teacher ratio.
(8) Class size or budget appropriations.
(9) Safety issues for students and employees in the workplace,
except those items required to be kept confidential by state or
federal law.
(10) Hours.
As added by P.L.1-2005, SEC.13. Amended by P.L.48-2011, SEC.18;
P.L.286-2013, SEC.92.
IC 20-29-6-8
Contract, agreement, or concession not required
Sec. 8. The obligation to discuss does not require either party to
enter into a contract, agree to a proposal, or make a concession
related to the items listed in section 7 of this chapter. A failure to
reach an agreement on a matter of discussion does not allow the use
of any part of the impasse procedure under IC 20-29-8.
As added by P.L.1-2005, SEC.13. Amended by P.L.48-2011, SEC.19.
IC 20-29-6-9
Discussions outside obligation to bargain collectively
Sec. 9. The obligation to bargain collectively or discuss a matter
does not prevent:
(1) a school employee from petitioning the school employer,
governing body, or superintendent for a redress of the
employee's grievances, either individually or through the
exclusive representative; or
(2) the school employer or superintendent from conferring with
a citizen, taxpayer, student, school employee, or other person
considering the operation of the schools and the school
corporation.
As added by P.L.1-2005, SEC.13.
IC 20-29-6-10
Recommendations by superintendent
Sec. 10. Nothing shall prevent a superintendent or the
superintendent's designee from making recommendations to the
school employer.
As added by P.L.1-2005, SEC.13.
IC 20-29-6-11
Repealed
(Repealed by P.L.48-2011, SEC.39; P.L.90-2011, SEC.50.)
IC 20-29-6-12
Commencement of collective bargaining
Sec. 12. Formal collective bargaining between a school
corporation and the exclusive representative shall not begin before:
(1) August 1 in the first year of the state budget biennium; or
(2) August 1 in the second year of the state budget biennium if
the parties agreed to a one (1) year contract during the first year
of the state budget biennium or the contract provides for
renegotiating certain financial items the second year of a two (2)
year contract.
Informal negotiations may be held before August 1.
As added by P.L.1-2005, SEC.13. Amended by P.L.48-2011, SEC.20;
P.L.229-2011, SEC.178.
IC 20-29-6-12.5
Certification of estimated available revenue
Sec. 12.5. (a) Before August 1 of the first year of the state budget
biennium, the department shall provide the parties with an estimate
of the general fund revenue available for bargaining in the school
corporation from the school funding formula.
(b) Within thirty (30) days after the date of the fall count of ADM
of the school year in the first year of the state budget biennium, the
department shall provide the parties with a certification of estimated
general fund revenue available for bargaining from the school
funding formula. A school employer that has passed a general fund
operating referendum under IC 20-46-1 must have that amount
certified by the department of local government finance. The school
corporation must obtain the certification before the commencement
of bargaining. These certifications must be the basis for
determinations throughout impasse proceedings under this chapter.
As added by P.L.48-2011, SEC.21. Amended by P.L.229-2011,
SEC.179; P.L.205-2013, SEC.254.
IC 20-29-6-13
Appointment of mediator
Sec. 13. (a) If, at any time after at least sixty (60) days following
the beginning of formal bargaining collectively between the parties,
an impasse is declared, the board shall appoint a mediator from the
board's staff or an ad hoc panel.
(b) The mediator shall begin mediation within fifteen (15) days
after the board receives notice of impasse.
(c) The mediation must consist of not more than three (3)
mediation sessions and must result in one (1) of the following:
(1) An agreement between the parties on the items permitted to
be bargained under section 4 of this chapter.
(2) Each party's last best offer, including fiscal rationale, related
to items permitted to be bargained under section 4 of this
chapter.
(d) Costs for the mediator shall be borne equally by the parties.
(e) Mediation shall be completed within thirty (30) days.
As added by P.L.1-2005, SEC.13. Amended by P.L.48-2011, SEC.22;
P.L.229-2011, SEC.180; P.L.6-2012, SEC.139.
IC 20-29-6-14
Repealed
(Repealed by P.L.48-2011, SEC.39.)
IC 20-29-6-15
Repealed
(Repealed by P.L.48-2011, SEC.39.)
IC 20-29-6-15.1
Initiation of factfinding
Sec. 15.1. (a) If an agreement has not been reached on the items
permitted to be bargained collectively under section 4 of this chapter,
within fifteen (15) days after mediation under section 13 of this
chapter has ended, the board shall initiate factfinding.
(b) Factfinding must culminate in the factfinder imposing contract
terms on the parties. The factfinder must select one (1) party's last
best offer as the contract terms. The factfinder's order must be
restricted to only those items permitted to be bargained and included
in the collective bargaining agreement under section 4 of this chapter
and must not put the employer in a position of deficit financing (as
defined in IC 20-29-2-6). The factfinder's order may not impose
terms beyond those proposed by the parties in their last, best offers.
(c) Costs for the factfinder shall be borne equally by the parties.
(d) Factfinding may not last longer than fifteen (15) days.
As added by P.L.229-2011, SEC.181.
IC 20-29-6-16
Continuation of existing agreement; circumstances
Sec. 16. (a) If an agreement has not been reached on the items to
be bargained collectively by November 1, as provided in
IC 6-1.1-17-5, the parties shall continue the terms of the current
contract that is in effect, and the school employer may issue tentative
individual contracts and prepare its budget on that basis. During this
period, in order to allow the successful resolution of the dispute, the
school employer may not unilaterally change the terms or conditions
of employment that are issues in dispute.
(b) Upon the expiration of the current contract that is in effect, the
school employer shall continue under the terms of the current
contract that is in effect, with no increase or increment in salary,
wages, or benefits for any bargaining unit employee until a new
contract is executed, unless continuation would put the school
employer in a position of deficit financing due to a reduction in the
employer's actual general fund revenue or an increase in an
employer's expenditures when the expenditures exceed the current
year actual general fund revenue.
(c) The only parts of the contract that must continue under this
section are the items contained in the contract and listed in section 4
of this chapter.
(d) This section may not be construed as relieving the school
employer or the school employee organization from the duty to
bargain collectively until a mutual agreement has been reached and
a contract entered as called for in this chapter.
As added by P.L.1-2005, SEC.13. Amended by P.L.48-2011, SEC.24;
P.L.229-2011, SEC.182.
IC 20-29-6-17
Repealed
(Repealed by P.L.48-2011, SEC.39.)
IC 20-29-6-18
Appeal of factfinder's decision
Sec. 18. (a) Either party may appeal the decision of the factfinder
under IC 20-29-6-15.1. The appeal must be filed not later than thirty
(30) days after receiving the factfinder's decision.
(b) The board's decision must be restricted to only those items
permitted to be bargained and included in the collective bargaining
agreement under section 4 of this chapter and must not put the
employer in a position of deficit financing, as defined in
IC 20-29-2-6. The board's decision may not impose terms beyond
those proposed by the parties in their last, best offers.
(c) The board must rule on the appeal within thirty (30) days after
receipt of notice of appeal.
As added by P.L.48-2011, SEC.25. Amended by P.L.6-2012,
SEC.140.
IC 20-29-6-19
Internet posting of collective bargaining agreement provisions
Sec. 19. Not later than fourteen (14) business days after the parties
have reached an agreement under this chapter, the school employer
shall post the contract upon which the parties have agreed on the
school employer's Internet web site.
As added by P.L.148-2012, SEC.4.
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